Town of Boston, NY MOBILE HOME COURTS

Recreational vehicles, vans, motor home or pick-up trucks with caps or other added enclosures.

Travel trailers or camping trailers designed to be driven or towed by automobile.

MOBILE HOME COURT DISTRICT

Prefabricated, modular or sectionalized houses transported on a removable frame and completed on the site, and subject to the New York State Uniform Fire Prevention and Building Code.

MOBILE HOME COURT

A parcel of land which has been designed and improved for the placement of mobile homes for nontransient use.

A district established by the Town Board of the Town of Boston in which a mobile home court is permitted to be located.

MOBILE HOME SPACE

An area of land in an approved court site plan designated for the placement of a single mobile home and any accessory structures incident thereto, including any open space required in connection with the placement of such mobile home. The area of such space is to be measured from the pavement line of the mobile home court streets.

MOBILE HOME STAND

That part of an individual mobile home space which has been reserved for the placement of a mobile home, exclusive of accessory buildings.

PATIO

A surfaced outdoor living space designed and intended to supplement the interior mobile home living area on a seasonal, warm-weather basis.

SERVICE BUILDING

A structure housing sanitary, operational, office, recreational, maintenance or other facilities built to conform to required standards of this chapter.

TOWN BOARD

The duly elected Town Board of the Town of Boston.

TOWN CLERK

The duly elected Town Clerk of the Town of Boston.

TOWN ENGINEER

The duly appointed Town Engineer of the Town of Boston.

TOWN PLANNING BOARD

The duly appointed Planning Board of the Town of Boston.

§ 70-4 When mobile homes permitted.

Mobile homes will be permitted in the Town of Boston only when located in a duly licensed mobile home court, except as otherwise provided.

§ 70-5 Establishment of a Mobile Home Court District.

The Town Board may, after review, public notice and hearing, approve, establish, describe and designate a Mobile Home Court District on the Official Zoning Map of the Town of Boston, pursuant to sections of the Town Zoning Law and amendments thereto. The same procedure as set forth in Article XXXIII, entitled Amendments, of Local Law No. 6-1990 set forth in Chapter 123 of the Town Code shall be followed in the application for an approval of a Mobile Home Court District, except as modified by this chapter.

[Amended 4-2-1997 by L.L. No. 2-1997]

In addition to the information required for amendment by petition, the following information will be required on an application for a Mobile Home Court District:

A location plan showing the existing zoning classifications surrounding the proposed district.

Twelve sets of plans prepared by a licensed landscape architect, architect, engineer or land surveyor, showing existing topography at two-foot contour intervals and including wooded areas, watercourses, marshes and areas subject to flooding.

[Amended 4-2-1997 by L.L. No. 2-1997]

Twelve sets of concept plans drawn to an appropriate scale, showing the general layout of any proposed mobile home court(s), such plan to include roads, mobile home spaces, parking areas, service buildings and landscaping.

[Amended 4-2-1997 by L.L. No. 2-1997]

A copy of all proposed restrictions, rules, regulations, deed and/or lease covenants to be imposed on occupants of the mobile home court(s).

Such additional information as the Town Board or the Town Planning Board may require to make any relevant determination or recommendation under the State Environmental Quality Review Act[1] and/or make a proper determination or recommendation with respect to the establishment of a Mobile Home Court District.

[Amended 4-2-1997 by L.L. No. 2-1997]

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

Consideration of application.

[Amended 4-2-1997 by L.L. No. 2-1997]

The Planning Board of the Town of Boston shall consider the application upon referral by the Town Board and make a recommendation within 60 days of the regular or special meeting wherein the Planning Board shall, by motion, acknowledge receipt of an application which the Planning Board shall have determined contains information necessary to conduct adequate review of and a reasoned recommendation to the Town Board regarding the application to establish a Mobile Home Court District after consideration of the applicable requirements of this chapter, including:

(a)

The relationship of the proposed Mobile Home Court District to the Master Plan for long-range development of the Town of Boston.

(b)

The availability of public and private utilities and services.

(c)

The compatibility of the proposed Mobile Home Court District with adjoining land uses and with other proposed developments, having particular reference to its probable effect on the value of other land and to the adequacy of features intended to promote public safety and the general purposes of this chapter.

(d)

The potential impact upon roads and highways in the vicinity of the proposed district.

(e)

Environmental, health, safety and other pertinent concerns.

In the event that Planning Board shall not have made a recommendation to the Town Board within the sixty-day period as provided by this section, the Town Board may, upon motion, require the Planning Board to return the application to the Town Board, no later than the next scheduled meeting thereof, with or without a recommendation.

§ 70-6 Establishment of a mobile home court.

The Town Board may, after receipt and review of an application, establish a mobile home court within a Mobile Home Court District in the Town of Boston.

In addition to the general requirements of this chapter, a completed application for establishment of a mobile home court shall include:

Twelve copies of a detailed court site plan, prepared by a licensed landscape architect, architect, engineer or land surveyor. Such site plan shall show existing and proposed topography, roadways, court streets, entrances and exits, driveways, parking areas, mobile home spaces and service building(s) to be located in the proposed mobile home court. The plan shall be drawn at an appropriate scale and be accurately dimensioned with respect to property lines, roads, lots, etc. It shall show the proposed method(s) for providing for the requirements of §§ 70-9 and 70-10, including but not limited to:

[Amended 4-2-1997 by L.L. No. 2-1997]

(a)

Sanitary waste collection and disposal.

(b)

Potable water supply.

Fire protection.

Adequate drainage.

Electrical service.

Twelve copies of a landscape plan drawn at an appropriate scale to show the improvements required by § 70-10D and M.

[Amended 4-2-1997 by L.L. No. 2-1997]

A certification by the professional(s) responsible for the design of the court plan, utilities, improvements, etc., that the proposed mobile home court conforms to all considerations, standards and requirements of this chapter and other applicable local, County and state laws and regulations.

Such additional information as the Town Board and/or the Planning Board may require for adequate review of the proposed mobile home court.

[Amended 4-2-1997 by L.L. No. 2-1997]

The Planning Board of the Town of Boston shall review the application upon referral by the Town Board, considering applicable requirements of this chapter, including:

Whether satisfactory ingress and egress exists and the effect of increased traffic on area roads and highways.

The design and adequacy of court streets, parking areas and driveways.

Landscaping, open spaces and recreation.

The impact upon schools, public services and utilities.

The health, safety and welfare of the Town of Boston, including but not limited to the considerations of §§ 70-9 and 70-10.

(6)

Such additional information as the Planning Board may require for adequate review of the proposed mobile home court site plan.

[Added 4-2-1997 by L.L. No. 2-1997]

The Planning Board shall recommend approval, recommend approval with modifications or recommend disapproval of such application and shall report to the Town Board within 60 days after the meeting wherein the Planning Board, pursuant to motion, acknowledges receipt of all information which it shall have determined is necessary for the adequate review of the application and to make a reasoned recommendation to the Town Board.

[Amended 4-2-1997 by L.L. No. 2-1997]

Approval of an application for a mobile home court shall include approval of the mobile home court site plan, three copies of which shall thereafter be filed in the office of the Town Clerk of the Town of Boston. Changes in the configuration of the mobile home court shall be made upon application to the Town Board of the Town of Boston for an amended mobile home court site plan to the plan previously approved and filed.

[Amended 4-2-1997 by L.L. No. 2-1997]

Such approval may, in the discretion of Town Board, be granted for good cause shown and after review and recommendation by the Planning Board of the Town of Boston.

Any application for an amended mobile home court site plan shall comply with the requirements of this chapter for approval of a mobile home court site plan.

No approval of a mobile home court site plan or an amended mobile home court site plan shall be effective until the required number of copies, containing the date of approval by the Town Board of the Town of Boston, are filed in the office of the Town Clerk of the Town of Boston, which said copies shall contain the following endorsement and shall be signed by the Supervisor or the Deputy Supervisor of the Town of Boston, and shall bear the Seal of the Town of Boston:

[Added 4-2-1997 by L.L. No. 2-1997]

"[Amended] Mobile Home Court Site Plan approved by the Town Board of the Town of Boston, New York on the _____ day of ______________, _____."

§ 70-7 License required for mobile home court.

It shall be unlawful to construct or operate a mobile home court without first securing a license, and thereafter annually, from the Town Board and complying with the considerations and standards of this chapter.

The Town Clerk of the Town of Boston shall issue a license to an applicant whose site has been established as a mobile home court, to be effective from the day of issuance, when all of the following have been satisfied:

Submission of a complete license application which has been approved by the Town Board.

Receipt of required fee as herein provided.

Approval by the Code Enforcement Officer.

Approval of the original application by the Erie County Department of Health.

Where applicable, a copy of a current permit for private water supply and/or sewage disposal facilities issued by the agency having jurisdiction.

(6)

The licensee of an original application shall deposit 5% of the cost of completion of all landscaping, as set forth in § 70-10D.

The original application for a mobile home court license shall be filed with the Town Clerk and shall be accompanied by a nonrefundable fee as shall be set forth in the Schedule of Fees, as adopted by the Town Board of the Town of Boston per acre of land area on the site of the proposed mobile home court, as shown on the application. The fee for an annual license and renewal thereafter as shall be set forth in the Schedule of Fees, as adopted by the Town Board of the Town of Boston -- 1999 per mobile home. Thereafter each mobile home shall be assessed on the tax rolls of the Town of Boston against the owner(s) of the mobile home court or qualified mobile home owners applying for senior citizen exemption under the Real Property Tax Law. In addition, an inspection fee as shall be set forth in the Schedule of Fees, as adopted by the Town Board of the Town of Boston, per mobile home unit will be charged for the purpose of compliance with this chapter or any other applicable local law or ordinance prior to the issuance of a certificate of occupancy. Such fee shall apply to the initial installation of units or the replacement of such units as determined by the Code Enforcement Officer.

[Amended 4-2-1997 by L.L. No. 2-1997; 10-4-2000 by L.L. No. 2-2000]

The application for a license and/or annual renewal thereof shall be made on forms prescribed by the Town Board and shall include the name and address of the record owner of the property. In the event the title is vested in some person other than the applicant, the application shall be submitted, together with a duly verified statement, by the record owner that the applicant is authorized by him to construct and maintain the mobile home court. The initial license application shall also include, but shall not be limited to: all application materials submitted at the time the mobile home court was established and engineering plans and specifications of all improvements and facilities constructed or to be constructed within the mobile home court.

[Amended 12-2-1992 by L.L. No. 4-1992]

Expiration of licenses.

[Added 12-2-1992 by L.L. No. 4-1992]

All mobile home court licenses in effect on the effective date of this subsection shall expire on December 31, 1992.

Application for annual renewal of a mobile home court license made for the period beginning on or after January 1, 1993, and before June 30, 1993, shall be accompanied by a fee as shall be set forth in the Schedule of Fees, as adopted by the Town Board of the Town of Boston. Any license issued upon approval of said application shall expire June 30, 1993.

[Amended 10-4-2000 by L.L. No. 2-2000]

Application for annual renewal of a mobile home court license shall be submitted for the period commencing on or after July 1, 1993, and shall be accompanied by a fee of $15 per lot. Licenses issued upon approval of said application and each subsequent license shall expire on June 30 of the year following the issuance thereof.

§ 70-8 Renewals; enlargements; minimum number of spaces.

Renewals will only be issued if the mobile home court has been constructed in accordance with approved plans and if all conditions attached to the initial approval have been met.

Enlargement of an existing mobile home court shall follow the same procedure as required for new mobile home courts.

Every mobile home court shall contain at least 50 spaces.

§ 70-9 Health and safety considerations.

A licensee of a mobile home court shall assure that the essential community services, such as mail drop, police and fire protection, are adequately accommodated.

The court shall contain adequate fire hydrants as required by applicable state, County and Town requirements.

The licensee shall be obligated to remove snow and maintain all court streets in a manner which allows free access to emergency vehicles.

The court shall not be subject to hazards such as objectionable smoke, noxious odors, unusual noises or flooding.

The condition of soil, groundwater level, drainage, rock formations and topography shall be such as not to create hazards to the property or to the health and safety of the occupants or to adjacent property owners.

Trash collection shall be provided by the mobile home court licensee. The storage, collection and disposal of refuse in a mobile home court shall be so managed as to create no health or accident hazards, rodent harborage, insect breeding area or pollution of air or water. All refuse shall be stored in flytight, watertight, rodentproof containers, which shall be provided in sufficient number and capacity to prevent any refuse from overflowing. Insect and rodent control assurance to safeguard public health as recommended by the Erie County Health Department shall be applied to all mobile home courts.

All waste from showers, tubs, toilets, laundries, faucets, sinks and lavatories shall be directed into a public sewer system or a private disposal system whose design, capacity, construction and operation are approved by the applicable state, County or local agency having jurisdiction over the disposal system.

§ 70-10 Construction and design standards.

Mobile home court site drainage shall be properly designed to ensure adequate drainage during and following rainfall.

The number of mobile home spaces shall not exceed four per gross acre of the mobile home court.

[Amended 4-2-1997 by L.L. No. 2-1997]

Mobile homes shall be located a minimum of 100 feet from the nearest public road or highway boundary and not less than 25 feet from any property line of property abutting the mobile home court site.

Mobile home courts located adjacent to any land other than land which is zoned R-4 or which contains an existing mobile home court shall be screened from said adjacent land by a planted line of suitable major evergreen trees, such as Austrian pine, spruce or fir as an effective visual barrier which must have a minimum of three feet in height, measured from the ground to the highest point of the tree, at the time of planting. Said trees shall be double-row planted on land having a width of at least 15 feet which shall be dedicated solely to the creation of a visual buffer and shall be deemed excluded from the mobile home court site for all other purposes, except for calculation of the number of lots per gross acre as provided in Subsection B of this section. Said visual buffer shall be contained in the landscape plan provided in § 70-6A(2) of this chapter.

[Amended 4-2-1997 by L.L. No. 2-1997]

Mobile homes shall be located a minimum of 15 feet from the nearest pavement edge of any court street.

The layout and design of individual mobile home spaces, streets and recreation areas shall be in relation to the dominant existing topography while preserving significant topographic features, trees, rock outcroppings or other significant and beneficial site features.

All mobile home spaces shall have an area of not less than 10,000 square feet, of which no more than 15% shall be occupied by the mobile home stand and/or other accessories or appurtenances as hereinafter set forth, and shall be situated so as to conform to the following requirements:

[Amended 4-2-1997 by L.L. No. 2-1997; 6-6-1997 by L.L. No. 4-1997]

Each mobile home shall enjoy a minimum yard space of 20 feet in the front and 15 feet in the rear. The minimum width of any side yard shall be five feet. The total minimum width of both side yards shall be 20 feet.

There shall be a minimum of 20 feet between mobile homes.

No mobile home space shall be less than 75 feet in width nor 100 feet in length.

All living area of a mobile home, including all attached appurtenances, awnings, porches, extensions, carports, garages, season enclosures and accessory building or buildings, shall be considered as part of the occupied area when computing the percent of occupied area of a mobile home space.

All mobile home stands shall provide a frost-free foundation to accommodate and secure a mobile home structure.

The mobile home shall be provided with anchors or tie-downs capable of securing the stability of the mobile home.

The mobile home stand shall be suitably graded to provide adequate drainage.

The perimeter of the mobile home stand shall be enclosed with skirting.

Parking, roadways and access roads shall meet or exceed the following requirements:

An access road with a hard-surfaced width of at least 28 feet shall be provided as a primary entry from the public road.

[Amended 4-2-1997 by L.L. No. 2-1997]

Except for the main access road, which shall be 28 feet wide, from curb to curb, for at least 100 feet of its length, each court street shall have a hardsurfaced width of at least 24 feet, from curb to curb, and shall be improved and maintained with an allweather hard surface on a suitable base according to standards set by the Town Engineer and included in the Construction Specifications adopted by the Town Board of the Town of Boston. Such roadways shall contain country curbs or other drainage provision suitable to the Town Engineer.

[Amended 4-2-1997 by L.L. No. 2-1997]

Adequate lighting shall be provided, with style and location of lighting fixtures in accordance with the approved court site plan.

Two off-street parking spaces shall be provided for each mobile home lot. Each parking space must have a minimum of 180 square feet and may be grouped with others in a common or semicommon parking bay, as indicated on the approved plan. Parking on access roads and court streets is prohibited.

An area or areas shall be provided solely for visitor parking. The minimum visitor parking area or areas shall contain one space for each four mobile home court spaces. Each parking space must have a minimum of 180 square feet. When application of units of measurement to determine required visitor parking spaces results in a fractional parking space, one parking space shall be required for such fractional parking space.

An area or areas shall be provided solely for the parking and/ or other storage of all such recreational vehicles, boats, trailers and equipment as may be owned or maintained by the residents of the court. Such area shall be of sufficient size to provide adequately for the storage of such vehicles and equipment and shall be suitably designated, enclosed and screened by fencing or landscaping. This subsection is not applicable if the rules of the mobile home park filed with the Town Board prohibit residents of the court from storing recreational vehicles, boats, trailers and equipment in the mobile home park.

Utilities shall conform to the following requirements:

Every mobile home court shall be serviced by a private or public water supply approved by the Erie County Health Department and/or Erie County Water Authority. The water distribution system of a mobile home court shall be connected by pipes to each mobile home stand and to each service building.

An electric outlet shall be provided for each mobile home stand. The installation of said outlet shall comply with standards set forth by the National Electrical Code and the American Insurance Association or their successors and with all applicable state, County and Town laws and regulations.

All utility distribution lines shall be placed below ground.

An adequate system of storm drainage pipes, ditches and appurtenances shall be provided and shall be approved by the Town Engineer. All runoff shall be conducted to a suitable natural stream or outlet where the applicant has rights of discharge.

Exposed ground surfaces in all parts of any mobile home court shall be paved, surfaced with crushed stone or other material approved by the Town Board or protected with grass or plant material capable of preventing erosion and of eliminating objectionable dust.

Each mobile home space shall be provided with at least one living tree, the kind, size and location thereof to be designated on the approved landscape plan.

All proposed landscaped areas shall be clearly indicated on the plan, and the type of treatment (grass, shrubs, ground cover, etc.) shall be specified.

All storage on the mobile home space shall be limited to an accessory building containing not more than 150 square feet of space.

All necessary unattached structures are restricted to rear or side yard locations on a mobile home space. Minimum setback for an accessory building shall be three feet from the rear lot line and three feet from a side lot line. Building permits are required for all accessory buildings containing 100 square feet or more. The Code Enforcement Officer must approve the location of all accessory buildings, regardless of size, after prior approval has been granted by the licensee, prior to their placement or construction.

Mobile home court spaces shall not be separated by any fence which constitutes a barrier [such as stockade fences which exceed three feet in height] and no fence shall be constructed until a permit therefor has been obtained. Application for permit shall be made to the Code Enforcement Officer after prior approval has been granted by the licensee.

It shall be unlawful to increase the living space or storage space of any mobile home licensed hereunder, erect a storm shelter, seasonal enclosure, separate awnings, canopies or unenclosed patios without first securing a permit therefor from the Code Enforcement Officer after prior approval has been granted by the licensee. The Code Enforcement Officer shall not issue a permit unless the application therefor shall comply with all applicable provisions of this chapter, the Town of Boston Zoning Ordinance and the Mobile Home Building Code.[1]

Editor's Note: See Ch. 123, Zoning; and also Chapter D, Manufactured Housing: Article 3, Mobile Homes, of the New York State Uniform Fire Prevention and Building Code.

§ 70-11 Maintenance and management.

Every mobile home court licensee shall maintain a register containing a record of all mobile homes and occupants. Such register shall be available to any authorized person inspecting the mobile home court and shall be preserved for the period required by the Code Enforcement Officer. Such register shall contain:

The names and addresses of all mobile home occupants residing in the court.

The make, model and license number and the name and address of the owner of each motor vehicle, mobile home, recreational vehicle, boat or trailer parked in the court.

The dates of arrival and departure of each mobile home.

In every mobile home court, there shall be a building in which shall be located the office of the operator or person in charge of said court. A mobile home may be approved by the Town Board to serve as said office instead of a separate building, but must be identified as the office. A copy of the mobile home court license and a copy of this chapter and all subsequent amendments thereto as may be made from time to time by the Town Board shall be posted in said office. The court register shall at all times be kept in said office.

It is hereby made the duty of the attendant or person in charge, together with the licensee, to:

Keep the court register.

Maintain the court in a clean, orderly and sanitary condition at all times.

Prohibit the use of any mobile home by a greater number of persons than it is designed to accommodate.

See that the provisions of this chapter are complied with, including the collection and payment to the Town Clerk of any mobile home occupancy fees now or hereafter required by said chapter to be paid in connection with the occupancy of the mobile home court.

In addition to notifying court occupants of all applicable provisions of this chapter, the management shall inform tenants of their rights and responsibilities regarding any restrictions, rules, regulations, deed and/or lease covenants and facilitate strict compliance with all such conditions.

§ 70-12 Inspections; corrections of conditions; revocation of license.

Before a mobile home court commences operation, the Code Enforcement Officer shall make an inspection of the site. He shall determine that all the requirements of this chapter have been complied with and shall issue a certificate of compliance before he approves the license application.

If the Code Enforcement Officer finds that a mobile home court is not being maintained in a clean, orderly and sanitary condition or that such mobile home court is not being operated in accordance with the provisions of this chapter, he shall serve upon the licensee, his agent or employee an order in writing directing that conditions therein specified be remedied within 15 days after service of such order. If, after the expiration of said period, such conditions are not corrected in accordance with said order, the Code Enforcement Officer shall serve a notice in writing upon such mobile home court licensee, requiring the licensee to appear before the Town Board of the Town of Boston at a time to be specified in such notice and show cause why such license should not be otherwise revoked. The Town Board may, after a hearing at which the testimony and witnesses of the Code Enforcement Officer and the licensee shall be heard, revoke said license if the conditions described in the original order have not been corrected or if the licensee has violated or caused to have violated any of the other provisions of this chapter not so cited in the original order of the Code Enforcement Officer. Upon the revocation of such license, the premises affected shall forthwith cease to be used for the purpose of a mobile home court and all mobile homes shall be removed therefrom within a period of time as indicated by the revocation action of the Town Board.

§ 70-13 Exceptions.

An exception to any condition or standard of any provision pertaining to a mobile home court may be granted by the Town Board where said Board finds that, because of unusual circumstances of shape of premises, topography of premises or other existing conditions, extraordinary hardship would result from strict compliance. In such a case the Board may vary the applicability of said standards so that substantial justice may be done and the public interest served. No variance shall be granted which will have the effect of nullifying the intent or purpose of this chapter.

§ 70-14 Temporary parking outside court.

The Town Clerk of the Town of Boston, upon written application and upon payment of required fees as established by the Town Board, shall, after approval by the Town Board, issue a license, not to exceed 90 days, to park for the purpose of displaying for sale, but not occupy, a single mobile home in any nonresidential district of the Town, as defined by the Town of Boston Zoning Ordinance.[1]

Editor's Note: See Ch. 123, Zoning.

Outside of an established mobile home court, the Town Board may allow temporary parking of a mobile home for a period not exceeding six months, as a temporary shelter in the event of the destruction or partial destruction of an existing dwelling.

§ 70-15 Penalties for offenses.

Pursuant to § 268 of Article 16 of the Town Law, a violation of this chapter is hereby declared to be an offense, punishable by a fine of not to exceed $250 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate, additional violation and shall be punishable hereunder.

§ 70-16 Administration and enforcement.

The Town Clerk and the Code Enforcement Officer are directed to maintain one copy of this chapter and all revisions and amendments thereto in their respective offices where they may be inspected by any interested person.

Unless otherwise provided by action of the Town Board, it shall be the duty and responsibility of the Code Enforcement Officer to perform all tasks assigned to him by the provisions of this chapter.

It shall be the duty of the Town Clerk to perform all tasks appointed to him/her by the provisions of this chapter. Among other duties, the Town Clerk shall collect, record and turn over to the appropriate Town officials all moneys received from license applications, license renewals, permits and such other certificates as provided for in this chapter by the Town Board.

The mobile home space and placement of the mobile home are subject to the New York State Fire Prevention and Building Codes.[1] In case of conflicts, the most restrictive shall apply.

Editor's Note: See Ch. 57, Fire Prevention and Building Code Administration.

§ 70-17 Continuance of lawful uses.

Except as provided in this chapter, any nonconforming use of any structure or land existing on the effective date of this chapter may be continued.

§ 70-18 Recreational land required; fee in lieu thereof.

[Added 6-6-1990 by L.L. No. 5-1990]

Legislative intent. It is the intention of the Town Board of the Town of Boston, in enacting this section as an amendment to the Mobile Home Court Law, to supersede the provisions of § 274-a of the Town Law of the State of New York and to provide, as an additional condition for approval of mobile home courts in the Town of Boston, the requirement that recreational land be set aside by the developer or a fee paid in lieu of setting aside such recreational land as hereinafter provided. This section is enacted under Municipal Home Rule Law § 10, Subdivision 1(i)d(3), which said section allows the Town to amend or supersede in its local law the application of any provision of the Town Law relating to property or affairs of government of the Town.

Requirement for recreational land in mobile home court developments. Any mobile home court development subject to Local Law No. 2-1987, otherwise known as the "Mobile Home Court Law of the Town of Boston," shall set aside 10% of the site for the provision of park and/or recreational facilities. If the provisions of such facilities, within the judgment of the Town Board of the Town of Boston, is impractical because of the particular layout of the development or for other reasons, a recreation fee as shall be set forth in the Schedule of Fees, as adopted by the Town Board of the Town of Boston, shall be submitted prior to approval of the mobile home court, unless such other terms and conditions are entered into in writing between the applicant and the Town of Boston.

[Amended 10-4-2000 by L.L. No. 2-2000]

Recreation fees paid pursuant to this section. All recreation fees paid pursuant to this section and any amendments thereto shall be deposited in the Recreation Trust Fund Account[1] hereinbefore established by the Town Board of the Town of Boston and used for the purposes therein stated.